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D & R SUPPLY v. PROGRESSIVE

24 Misc.3d 521 (2009)

876 N.Y.S.2d 628

D & R MEDICAL SUPPLY, as Assignee of FENELON DANIEL, Plaintiff, v. PROGRESSIVE INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, Kings County.

Decided March 31, 2009.

Attorney(s) appearing for the Case

Sylvain R. Jakabovics, Brooklyn, for plaintiff.

Freiberg & Peck, LLP, New York City, for defendant.

OPINION OF THE COURT

PETER P. SWEENEY, J.

In this action to recover assigned first-party no-fault benefits, both plaintiff and defendant moved for summary judgment. In opposition to plaintiff's motion and in support of its cross motion, defendant argued, inter alia, that the action is premature and should be dismissed because plaintiff did not provide the medical reports which it had requested as additional verification...

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